Consumer Credit Act 1974

[F1 28C Failure to pay charge under s. 28A E+W+S+N.I.

(1) This section applies if a person (the ‘defaulter’) fails to pay a charge—

(a) before the end of a period (the ‘payment period’) as required under section 28A; or

(b) where the payment period is extended under section 28B, before the end of the payment period as extended (subject to subsection (2)).

(2) Where the payment period is extended under section 28B in relation to a part of the charge only, this section applies if the defaulter fails—

(a) to pay so much of the charge as is not covered by the extension before the end of the payment period disregarding the extension; or

(b) to pay so much of the charge as is covered by the extension before the end of the payment period as extended.

(3) Subject to subsection (4), if the charge is a charge under section 28A(1), the defaulter's licence terminates.

(4) If the defaulter has applied to the OFT under section 28B for the payment period to be extended and that application has not been determined—

(a) his licence shall not terminate before the application has been determined and the OFT has notified him of the determination; and

(b) if the OFT extends the payment period on that application, this section shall have effect accordingly.

(5) If the charge is a charge under section 28A(2), the charge shall be recoverable by the OFT.]]

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Amendments (Textual)

F1 S. 28A and preceding cross-heading inserted (16.6.2006 for certain purposes and otherwise 6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {35}, 71(2); S.I. 2006/1508, art. 3(1), Sch. 1; S.I. 2007/3300, art. 3(2), Sch. 2

F2 S. 28C inserted (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {37(1)}, 71(2); S.I. 2007/3300, art. 3(2), Sch. 2